I was rear ended. my insurance will cover damages yes, but I would like to avoid an increase in premiums and avoid paying deductible, especially since I’m not at fault for damages. The other driver never answered calls from insurance to give a liability a tatement . I have been waiting for almost a month for an answer from his insurance. Every time I call they say to keep waiting and they will call when they get what they need. What are the possible outcomes of this since insurance cannot get in contact with other driver? Will I have to go through my own insurance? If that’s the case I’d rather get a new car since my premiums will go up either way.
What happens when the driver that rear ended me does not answer insurance calls?
byu/iluvmtdew inInsurance
Posted by iluvmtdew
12 Comments
Put your insurance on it, that’s what you pay them for. They will want to recover the cost of what they paid out to you.
Either way, your insurance will likely go up.
They can deny for non coop. Your insurance will subro the person and that usually gets them to cooperate.
Do you not carry collision coverage?
Usually they will deny coverage for non cooperation and then you would have to use your insurance who would then pursue him directly. Do you have his phone number or information? You could call or text him that he needs to call his insurance or you will be filing in small claims court since he is not calling his insurance. Each state determines how and when rates can increase, so you would want to review your state.
Their insurance will likely deny your claim. Might a well use your insurance and make it their headache instead of yours.
A month? It’s time to open a claim with your own carrier.
If the responsible party doesn’t cooperate with their insurance then the insurance can deny the claim for non-cooperation. So you would have to go through your own insurance and they will pursue the responsible party directly.
If the other driver’s insurance can’t reach them, they may close the claim. You can go through your insurance, but may pay the deductible initially. Consider legal advice to avoid premium increases.
I had this issue with a driver that backed into my car in a parking lot.
The driver drove a rental and signed up for the supplemental insurance (I got a photo of the rental agreement).
After filing with my insurance and getting my car fixed, the other driver didn’t respond to any inquiries by the insurance company that handled the rental.
I got a letter after a year and a half from my insurance that subrogation failed because the other insurance company would not accept liability without a statement from the driver. They did tell me I was now allowed to sue the other parties to recover my losses.
So I did. I filed against the driver and Avis and after a couple days from being served, Avis wanted all receipts to get rid of the small claims lawsuit.
After I got a check from them covering all my costs, I notified my insurance company that the rental company decided to pay up and they got paid too.
All in all, nearly 2 years to get it over with.
This is why you have insurance. Make a claim.
If the other driver’s insurance can’t reach them, options include filing a claim with your insurer or seeking legal advice. Your insurer might cover damages under uninsured motorist coverage. Legal consultation can explore reimbursement options or compensation.
Years ago I had a similar situation and was told no response from other driver to their insurance would make them deny the claim and I’d have to pursue the driver directly. I called the driver and she finally called her insurance company so I wouldn’t be stuck.
Open a claim on your policy, you will pay the deductible, but your company will go after the other person’s company for the money including your deductible. It’s called subrogation. The accident will or should not be counted against you.